Maybe you aren’t sure if you need to create a will, and you want to find out what would happen to your family if you died without a will. Probate would occur to assign someone as your representative, notify your creditors that you have passed away, inventory your property, and distribute your assets. While dying without a will doesn’t sound too bad, your loved ones will have to endure the probate process.
If you die without a will, the probate court would determine your personal representative for your estate. While your spouse or adult child can request to be appointed, the court will make the ultimate decision and will swear in your personal representative. This person has the authority to act on behalf of your estate. Sometimes, the person the court chooses is not the person you would have appointed to act on your behalf. However, if you create a will, you can name your own personal representative that the probate court will acknowledge.
The probate process can sometimes be straightforward, although it may cost your loved ones time and money; however, other times, probate can be complicated depending upon the complexity of your estate. If you don’t prepare a will, you are doing yourself and your family a great disservice.
For this reason, it is best to turn to a skilled estate planning lawyer in Georgia to find out your options and how you can save your loved ones from the probate court and process. To find out more, call the Law Offices of Shane Smith at 770.487.8999 to speak with a Peachtree City estate planning attorney in a free initial consultation today.